Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67261 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Raja Kumar, S/o Sukhu Sahani @ Suku Sahani, R/o Sati Chaura, Sabalpur, P.S- Nadi, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Malsalami P.S. Case no. 479 of 2022 (Special Case no. 171 of 2022) registered under sections 402, 399 and 412 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and section 8/20(b)(ii)(B) of the NDPS Act.
3. As per the prosecution case, besides the recovery of incriminating articles from different accused persons it is stated that 1.395 kg of ganja and Rs.1800/- in cash was recovered from the petitioner's possession.
4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in this
Patna High Court CR. MISC. No.67261 of 2023(2) dt.19-10-2023 2/2 case. He is in custody since 29.8.2022 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR against this petitioner together with the petitioner having remained in custody for more than 1 year since 29.8.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Malsalami P.S. Case no. 479 of 2022 (Special Case no. 171 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-XVIII, Patna. (Partha Sarthy, J) avinash/- U T